HomeMy WebLinkAbout04663 ORD - 11/07/1956' • :AP :11/5,`56
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
A TERMINATION AGREEMENT WITH THE TEXAS AND NEW ORLEANS
RAILROAD COMPANY, TERMINATING A CONTRACT BETWEEN THE
RAILROAD COMPANY AND THE CITY OF CORPUS CHRISTI DATED
JUNE 2, 1948, COVERING THE CONSTRUCTION AND MAINTENANCE
OF A 12 INCH SEWER PIPE LINE AND A 36 INCH SEWER PIPE
LINE IN THE CITY OF CORPUS CHRISTI,A COPY OF WHICH
TERMINATION AGREEMENT IS ATTACHED HERETO AND MADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, ON .JUNE 2, 1948, THE CITY OF CORPUS CHRISTI AND THE
TEXAS AND NEW ORLEANS RAILROAD COMPANY ENTERED INTO AN AGREEMENT WHEREBY
THE CITY OF CORPUS CHRISTI WAS PERMITTED TO CONSTRUCT AND MAINTAIN A 12
INCH SEWER PIPE LINE EXTENDING FROM A POINT IN THE EAST LINE OF BLOCK 73,
5.4 FEET NORTH OF THE SOUTHEAST CORNER OF SAID BLOCK, IN A NORTHWESTERLY
DIRECTION TO A POINT 143.2 FEET WEST OF THE NORTHEAST CORNER OF SAID
BLOCK, AND A 36 INCH SEWER PIPE LINE EXTENDING FROM A POINT IN RAILROAD'S
PROPERTY AT THE END OF HUGHES STREET, IN A NORTHWESTERLY DIRECTION TO A
POINT IN THE SOUTH LINE OF BREWSTER STREET 584.0 FEET WEST OF THE WEST
LINE OF LAST STREET; AND
WHEP.EAS, SAID SEWER LINES HAVE BEEN ABANDONED AND IT IS NECESSARY
TO CANCEL SAID CONTRACT OF JUNE 2, 1948:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE C17Y MANAGER OF THE CITY OF CORPUS CHRISTI,
FOR AND ON BEHALF OF SAID CITY, BE AND HE 15 HEREBY AUTHORIZED AND DIR-
ECTED TO EXECUTE A TERMINATION AGREEMENT WITH THE TEXAS AND NEW ORLEANS
RAILROAD COMPANY, TERMINATING A CONTRACT BETWEEN THE RAILROAD COMPANY
AND THE CITY OF CORPUS CHRISTI DATED JUNE, 1948, COVERING THE CONSTRUC-
TION AND MAINTENANCE OF A 12 INCH SEWER PIPE LINE AND A 36 INCH SEWER
PIPE LINE IN THE CITY OF CORPUS CHRISTI, A COPY OF WHICH TERMINATION
AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR EXECUTING THE AGREEMENT DESCRIBED
IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE
OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL
MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH
EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER
RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE IT IS ACCORDINGLY 50 ORDAINED.
PASSED AND APPROVED THIS v DAY OF NOVEMBER, 1956.
ATTEST:
//
CITY SECRETARY
APPROV'ELAS TO LEGAL FORM THIE
T_DAY OF NOVEMBER, 1956:
CITY ATTORNEY
MA
THE CITY OF CORPUS CHRISTI, TEXAS
' I NEM ;11,/7 {50
PARTIAL TERMINATION OF CONTRACT
AUD t T NO. 49904
-!T 15 AGREED THAT THAT CERTAIN AOREEMENT ENTERED INTO
BETWEEN THE UNDERSIGNED. DATED JUNE. 1240, COYERiNG THE CONSTRUC-
TION AND MAINTENANCE DF A 12 -INCH ;EWER PIPE LINE AND A 36 -149N *EVER
PIPE LINE AT OR NEAR CORPUS CHRISTI, TEXAS. IS HEREBY MODIFIED TO
THE EFFECT THAT THE SAID SEWER PIPE LINES NOW IN EXISTENCE 01I AND
ACROSS $AID PROPERTY, CONSTRUCTED BY THE CITY OF CORPUS CHRISTI. WILL
BE PERMITTED TO CONTINUE ON AND THROUGH SAID PROPERTY BUT WITH THE
UNDERSTANDING THAT THE SANE WILL WE USED ONLY IN CA" OF -AN ENERUEMCYI
AND THAT OTHER THAN SUCH RIGHT TO USE SAID DRAINS IN SUCH EMERGENCY,
THE SAID EASEMENT IS HERFSY CANCELLED AND RELEASED, EFFECTIV °_ FRON AND
AFTER THIS DATE.
EXECUTED, IN DUPLI6ATE, RY THE CITY OF CORPUS CHRISTI. TEXAS,
AT CORPUS CHRISTI, TEXAS ONr THE _9TN DAY OF _ NOVEMBER, 1976, AND BV
TEXAS AMD NEW ORLEANS RAIILROAD COMPANY AT WOUSTON. TEXAS ON,y���
DAY OF NOVEMBER, 1976.
TEXAS AND NEW 0RL[ANS RAILROAD COMPANY,
By
-
GENERAL GENERAL. MANAGER
CCTV Of COOUS QWWtSTI, TEXAS
by
ATTEST: CITY MANAGER
1TY SECRETARY
APPROVED AS TO LEGAL FORM
NOVEMBER Si 810SN3
CITY ATTORNEY
CORPUS CHRISTI, TEXAS
1 ,1956
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI. TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE,
HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS
THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING
OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH ,r
W. J. ROBERTS
MINOR CULL I
B. E. BIGLER T
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
MINOR CULLI inn�
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO